Terms and
Conditions
Definitions
·
The Company means Cynthus Limited (company
number 6734825 ) and any sub-contractor for the
company.
·
“Services” means the services to be provided by
the Company to the Client under the terms of the Contract
and “Service” shall be construed
accordingly
·
“The Client” means the person, firm
or organisation with whom the Contract is made by
the Company, whether directly or indirectly, through an
agent or factor who is acting for or instructed by the
Client or whose actions are ratified by such person, firm
or organisation.
·
“Contract” means the contract between the
Company and the Client under which the Services are to be
supplied by the Company to the
Client
·
“Invoice” means an invoice submitted by the
Company to the Client in respect of training Services or
consultancy Services.
·
Client-site course means educational courses
offered by Cynthus Limited for individuals or corporate
clients at a location specified by the Client.
·
Public course means educational courses offered
by Cynthus Limited at locations specified within the
course booking details.
·
Consulting means professional advice offered by
Cynthus Limited at locations specified by the
client.
·
Confirmation means a legally binding contract
instructing Cynthus Limited to invoice the
Customer.
·
Delegate means a person attending a Public or
Client-site course.
·
Course Materials means any documentation,
listings instructions and statements in either
machine-readable or printed form.
·
Working Day means every day of the week
excluding Saturday, Sunday and UK statutory
holidays.
General
These conditions shall be
deemed to be incorporated in all contracts and in the
case of any inconsistency with any order or letter or
correspondence sent by the Client to Cynthus Limited or
any other communication between the Client and Cynthus
Limited whatever may be their respective dates and the
provisions of these Conditions shall prevail unless
expressly varied in writing and signed by a director on
behalf of Cynthus Limited.
Warranty
Cynthus Limited warrants
that all Public and Client-site Courses and Consulting
supplied hereunder will be conducted in a professional
manner in accordance with generally recognised practices
and standards.
Cynthus Limited warrants
that it will provide appropriately qualified and
experienced instructor(s) and consultant(s) to deliver
Cynthus Limited Public and Client-site courses and
Consulting using suitable materials, including course
materials.
Cynthus Limited warrants that it will not
knowingly include any copyright material in its Course
Material without a license or without the consent of the
copyright owner.
Guarantee
Cynthus Limited
guarantees that a delegate will pass any
of its classroom led PRINCE2™ or PMP courses
on their first try. If a delegate does not
successfully pass any of the
company's classroom led courses then the company
will provide the delegate with the opportunity to train
for free with unlimited support provided to the delegate
until they re-sit the exam. The cost of re-sitting the
exam will be funded by the delegate. This guarantee offer
is valid for a maximum period of 6 months after the
initial course examination failure by the
delegate.
Note that examination re-sits can be provided
by the company or an external provider. Contact
us or see our useful links regarding more
information.
Extent of
Services
Cynthus Limited reserves
full control of how its personnel will carry out its
professional training.
Cynthus
Limited will provide the Services as advertised or described in
the Quotation or Booking form.
Where
the Services in question relate to the provision of training,
the Cynthus Limited reserves the right to provide such Services
at a venue or venues other than the Company’s Premises and to
provide training personnel of its own
choice
The contents of course
schedules are intended for general guidance only and do
not form any part of a contract and Cynthus Limited
reserves the right to make any reasonable variations to
the Public and Client-site Courses (including the content
of the courses) without notice.
Cynthus Limited reserves the right to cancel,
or re-schedule training courses or events without notice
to the Client and without liability for financial penalty
or compensation to the Client other than an amount
limited to a refund of 100% of any course fees already
paid by the Client in advance of the related course or
event.
Cynthus
Limited reserves the right to refuse training Services if a
delegate or substitute delegate attending on behalf of the
Client fails to satisfy those requirements, or pre-requisites
for such course, notified by the Company to the Client prior to
the commencement of such course, without any financial
compensation
Any typographical clerical or other
error or omission in any sales literature, administrative
documentation, Course Materials, invoice or other
document or information issued by Cynthus Limited shall
be subject to correction without any liability on the
part of Cynthus Limited.
All Public and Client-site
Courses are delivered solely in the English language and all
Delegates must be sufficiently proficient with the English
language before attending a Public
Course.
Fees/Charges
For Public Courses, prices are inclusive of
tuition, examination fees, course materials, lunch,
refreshments and the reasonable use of materials,
publications and machines (where applicable) by the
Delegate for the period of the Course.
The price does not include any travel, accommodation or living
expenses which the Delegate may incur in attending the
course.
All prices are
exclusive of Value Added Tax and this will be charged at the
appropriate rate.
Payment
Terms
Cynthus Limited will
raise an invoice upon receipt of a
Confirmation.
Payment must be received
20 working days prior to the commencement of the
Service.
If the Client books a
training event which requires pre-study, payment will be
required in full at time of booking, to enable the
Company to send out the study
materials.
Late payment
of invoices
will be subject to a surcharge at the rate of 5% over the
prevailing bank base rate.
Cancellations and
Rescheduling Policy
If you cancel your Public course booking the
following will apply:
- More than 28 days prior to start
date = £350 to cover course materials if sent
out
- 28-20 working days prior to start
date = 50% of total Course
Fee
- Less than 20 working days prior to
start date = 100% of total Course
Fee
If you reschedule your Public course booking
the following will
apply:
- More than 28 working days prior to
start date = No
charge
- 28-20 working days prior to start
date = 50% of total Course
Fee
- Less than 20 working days prior to
start date = 100% of total
course
Intellectual Property Rights
All
written information, drawings, diagrams, videos, software
copies of same and audio tapes prepared by the Company in
relation to the provision of the Services and the
copyright therein shall remain the exclusive property of
the Company and shall be returned by the Client on
demand. All such information shall be treated as
confidential and shall not be copied or reproduced or
disclosed to any third party without the prior written
consent of the Company.
Limits of
Liability
Cynthus Limited entire liability and that of
its employees and consultants and the Customer's sole
remedies in respect of any claim shall be as set out in
this clause unless otherwise expressly stated. The
Customer's remedy in respect of any claim shall be
limited to damages. Cynthus Limited will not accept
liability for death or personal injury.
Assignments
Cynthus Limited may
assign all or part of its interest in this Agreement.
The Customer may not assign or transfer this contract or any
interest therein or claim there under without the prior written
approval of Cynthus Limited.
Force
Majeure
Cynthus Limited shall be entitled to delay or cancel
delivery or to reduce the amount delivered if it is
prevented from or hindered in or delayed in the provision
of Services through any circumstances beyond its
reasonable control including, but not limited to,
strikes, lock-outs, accidents, war, governmental actions,
national emergency, acts of terrorism, protests, riot,
civil commotion, explosion, flood, epidemic, fire,
reduction in or unavailability of power at manufacturing
point, break-down of plant or machinery, or shortage or
unavailability of raw materials from normal sources of
supply.
Non-procurement
During the term of any
contract, and for a period of 12 months thereafter, the
Client will not directly nor indirectly employ or solicit
for employment any members of the Company’s then current
personnel.
In respect of any breach
of the non-procurement Clause, the Company, in addition
to any other remedies available in this Agreement or at
law, shall be entitled to recover from the Client
liquidated damages of 50% of the gross annual salary of
the member of the company employed or solicited for
employment.
Personal
Belongings
Personal
belongings and items belonging to or in the possession of
the Customer or Delegate brought onto Cynthus Limited
premises are the sole responsibility of the owner and the
Company accepts no responsibility for such
items.
Governing Law and
Jurisdiction
The
Contract shall in all respects be governed by English Law
and shall be deemed to have been made in England and the
Client and the Company agree to submit to the exclusive
jurisdiction of the English Courts.
Waiver
No
waiver by the Company shown or granted to a client
whether in respect of these Terms and Conditions or
otherwise shall in any way effect or prejudice the rights
of the Company against the Client or be taken as a waiver
of any of these Terms and Conditions.
Third Party
Rights
Neither the Company nor the Client
intend that any terms of this contract will be
enforceable by virtue of the Contracts (Rights of Third
Parties) Act 1999 by anyone that is not a party to
it.
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